Secretary of Transportatin Mineta, FRA Administrator
Rutter named as defendants

The Brotherhood of Locomotive Engineers filed a lawsuit on March 22 in
the U.S. District Court for the District of Columbia over the issue of remote
control locomotives.

The lawsuit claims that Secretary of Transportation Norman Mineta and
Federal Railroad Administrator (FRA) Allan Rutter have not lived up to their
responsibilities in administering the Federal Railroad Safety Act of 1970,
and the Locomotive Inspection Act, which regulates interstate commerce and
safety in the railroad industry.

In January, six of the nation's largest railroads (Burlington Northern
Santa Fe, CSX Transportation, Norfolk Southern, Union Pacific, Conrail,
and Kansas City Southern) began operating locomotives in terminal operations
by means of microprocessors and remote control devices handled by ground
employees. As part of implementation, the carriers eliminated positions
held by locomotive engineers and now operate the locomotives without any
employees at the controls inside the locomotive cabs.

The railroads have announced that the microprocessors installed on the
remote control locomotives have replaced the functions previously performed
by locomotive engineers who are certified by FRA regulations.

The suit alleges that the FRA and the U.S. Department of Transportation
(DOT) were fully aware of the actions of the six carriers initiating remote
control operations without locomotive engineers in the cabs and that such
operations are within the regulatory jurisdiction of the FRA and DOT.

The microprocessors and remote control devices are "parts and appurtenances"
within the meaning of the Locomotive Inspection Act and subject to regulations
ensuring inspections and repair of defects, the suit claims.

The lawsuit alleges that since the FRA or DOT never prescribed required
regulations for inspections or tests of the remote control equipment, they
have violated their mandatory obligations under the Safety Act and the Locomotive
Act. Their failure has resulted in an increased risk of danger to locomotive
engineers, other rail workers and the public at large, says the suit.

"The harm caused by the defendants' failures to act can only be
remedied by the intervention of, and issuance of an injunction by this Court,"
the suit stipulated.

The civil action asks the court to "grant the plaintiff a permanent
injunction requiring the defendants to comply with their statutory obligations
under Section 20702 of the Locomotive Act to undertake inspections, prescribe
tests and promulgate regulations applicable to the installation, use and
inspection of locomotive parts and appurtenances that enable the operation
of locomotives via remote control so as to ensure that every railroad carrier
is in compliance with its obligations under Section 20701 of the Locomotive
Act."